The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020

Commission Delegated Regulation (EU) 2019/934

29.—(1) Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files(1) is amended as follows.

(2) In Article 1, omit “wine-growing areas where the alcoholic strength may be increased,”.

(3) After Article 1 insert—

“Article 1a Definitions

In this Regulation:

(a) ‘the 1990 Act’ means the Food Safety Act 1990;

(b) ‘appropriate authority’ means:

(i) in relation to England, the Secretary of State;

(ii) in relation to Scotland, the Scottish Ministers;

(iii) in relation to Wales, the Welsh Ministers;

(c) ‘constituent nation’ means England, Scotland or Wales as the case may be.”.

(4) Omit Article 2.

(5) In Article 4—

(a) in paragraph 1—

(i) in the first subparagraph, for “each Member State may authorise” substitute “the appropriate authority may, on application, authorise, in particular cases, by administrative decision”;

(ii) in point (c)—

(aa) for “Member State” substitute “appropriate authority”;

(bb) for “Commission and the other Member States” substitute “other appropriate authorities”;

(b) in paragraph 2, for the words from “Member State other” to “of the Member State” substitute “constituent nation other than the constituent nation concerned provided the appropriate authority authorising the experiment gives prior notification to the appropriate authority of the constituent nation”;

(c) in paragraph 3—

(i) for “Member State” substitute “appropriate authority”;

(ii) for “Commission”, in the first place it occurs, substitute “other appropriate authorities”;

(iii) omit the final sentence;

(d) in paragraph 4—

(i) in the first sentence—

(aa) for “Member State concerned” substitute “appropriate authority that authorised the experiment”;

(bb) for “Commission” substitute “other appropriate authorities”;

(ii) for the second sentence substitute—

“The applicant must submit appropriate supporting information with the application.”;

(iii) for the final sentence substitute—

“An application for authorisation to continue an experiment must be approved by the other appropriate authorities.”;

(e) omit paragraph 5.

(6) In Article 10—

(a) in paragraph 1, for “Member States may authorise” substitute “nothing in this Regulation prevents regulations from being made under the 1990 Act authorising”;

(b) for paragraph 3 substitute—

“3.   Nothing in this Regulation prevents regulations from being made under the 1990 Act:

(a) requiring denaturing agents or indicators to be added to wines referred to in the first sentence of paragraph 1 in order to make them more easily identifiable;

(b) where the appropriate authority is of the opinion that it is justified, prohibiting uses provided for in the second sentence of paragraph 1 and requiring relevant products to be destroyed.”;

(c) in paragraph 4, for “Union or national rules in force” substitute “law that was in force in the relevant constituent nation immediately”.

(7) In Article 11, in the second sentence, for “Member States may permit” substitute “nothing in this Regulation prevents regulations from being made under the 1990 Act authorising”.

(8) Omit Article 12.

(9) In Article 13—

(a) in paragraph 1—

(i) in the first sentence, for “Member States shall” substitute “the appropriate authority must, by regulations made under the 1990 Act,”;

(ii) in the second sentence, for “Member States may” substitute “The appropriate authority may, by regulations made under the 1990 Act,”;

(b) in paragraph 2, for “by Member States” substitute “in regulations made by the appropriate authority”;

(c) in paragraph 3—

(i) in the words before point (a), for “strengths” substitute “strength”;

(ii) for the words from “in the different” to the end substitute “is 8.0%”.

(10) In Article 14—

(a) in paragraph 1, for “authorities of the Member States” substitute “authority of the relevant constituent nation”;

(b) in paragraph 2, for “Union legislation” substitute “retained EU law”;

(c) in paragraph 3, for “Member States may decide” substitute “Nothing in this Regulation prevents the appropriate authority from using any power the authority has to make subordinate legislation to provide”;

(d) in paragraph 4, for “Member State” substitute “constituent nation”;

(e) in paragraph 5—

(i) for “Member States may decide” substitute “Nothing in this Regulation prevents the appropriate authority from using any power the authority has to make subordinate legislation to provide”;

(ii) omit “made”;

(f) after paragraph 5 insert—

“6.   In this Article, ‘retained EU law’ has the meaning given in section 6(7) of the European Union (Withdrawal) Act 2018 but does not include any legislation so far as it extends to Northern Ireland..”.

(11) After Article 17 omit the words from “This Regulation” to “States.”.

(1)

EUR 2019/934.